IMPORTANT POINT
Promotions under the Assam Engineering (Irrigation Department) Service Rules take effect from the date granted, not from the date of vacancy, and no retrospective promotion is allowed post-retirement.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Ms. D.S. Neog, learned Standing Counsel for the Irrigation Department representing the respondents no. 1, 2 & 3. None has appeared for the respondent no. 4. Mr. B. Sharma, learned Standing Counsel has appeared for the Accountant General (A&E), Assam representing the respondent no. 7.

2. The petitioner by way of instituting the present proceeding has sought for a direction upon the respondent authorities to promote him to the post of Additional Chief Engineer (Mechanical) w.e.f., 01.01.2022 i.e., the date on which he had become eligible for such promotion with all consequential benefits.

3. The petitioner, herein, on being selected by the Assam Public Service Commission came to be appointed as an Assistant Engineer (Mechanical) under Goalpara Mechanical Division, Irrigation Department. The petitioner, in terms of the said order of appointment joined his services on 14.10.1986. The petitioner was thereafter, promoted in the year 2007 to the post of Assistant Executive Engineer (Mechanical). The petitioner on being found to be so eligible came to be promoted to the post of Executive Engineer (Mechanical) in the year 2016. Thereafter, the petitioner in the year 2001 was promoted to the post of Superintending Engineer (Mechanical).

4. The next promotion available to an incumbent serving in the post of Superintending Engineer (Mechanical) in the Irrigation Department, is the post of Additional Chief Engineer (Mechanical). The petitioner contends that the respondent authorities had, vide the notification dated 17.03.2021, published a inter-se seniority list of the incumbents in the cadre of Superintending Engineer (Mechanical) and therein, the petitioner was placed at serial no. 3, while the respondent no. 4, herein, was so placed at serial no. 2. One Naba Kumar Shyam was placed at serial no. 1 in the said provisional gradation list. The petitioner, being aggrieved by the seniority position so assigned to him in the provisional gradation list dated 17.03.2021, submitted his objection against the same, vide his communication dated 20.03.2021. In the said objection, the petitioner had contended that he ought to have been placed at serial no. 1 in the said select list. The said representation was followed by another representation dated 03.12.2021.

5. The respondent authorities having not considered the representations so made by the petitioner against the provisional gradation list dated 17.03.2021, and a meeting of the Departmental Selection Committee not having been so convened for consideration the cases of eligible incumbents in the cadre of Superintending Engineer (Mechanical) for promotion to the vacant post of Additional Chief Engineer (Mechanical), the petitioner retired from his services while holding the substantive post of Superintending Engineer (Mechanical) w.e.f., 30.09.2022. The petitioner has further contended that he had held the charge of the post of Additional Chief Engineer (Mechanical) from 31.12.2021 to 30.09.2022 i.e., till the date of his retirement from service. After having superannuated from his services, the petitioner has instituted the present proceeding on 03.05.2023, praying for a direction upon the respondent authorities to promote him to the post of Additional Chief Engineer (Mechanical) w.e.f., 01.01.2022.

6. Mr. T. Deuri, learned counsel for the petitioner by reiterating the facts noticed above, has submitted that the persons so placed above the petitioner in the provisional inter-se seniority list dated 17.03.2021, being persons belonging to the reserved community, were all promoted to the cadre of Superintending Engineer (Mechanical) by way accelerated promotion by extending to them the benefit of reservation. It is contended that on the petitioner being promoted to the cadre of Superintending Engineer, he would be entitled to regain his seniority over the respondent no. 4.

7. The petitioner further subm